Plea Bargain That Included An Erroneous Belief
Is An Individual's Plea Knowing Intelligent and Voluntary If There Is a Mistaken Belief by All Parties and Trial Court Regarding Appellate Review ?
In State v. Lewis, 10th Dist. No. 04PA-1249, 164 Ohio App. 3d 318, 2005 Ohio 5921, the court noted that the defendant's plea was "premised upon a plea bargain that included the erroneous belief by defense counsel, the prosecutor, and the trial court that the suppression/dismissal issues would be determined by this court." Id., at P 10.
The court expressed its concern with presuming that any unresolved pre-trial motion is denied in stating:
To do so in this case, where the trial court intentionally left the issues for this court to decide, would afford trial courts and defendants the opportunity to send all major constitutional, statutory, or evidentiary issues to the court of appeals without having to address them. Id. at P 9, citing State v. Ryerson, 12th Dist. No. CA2003-06-153, 2004 Ohio 3353.
Because the record clearly evidenced a mistaken belief by all parties and the trial court as to appellate review, the court held that Defendant's plea was not knowing, intelligent, and voluntary. Id., at P 10.